Brown v. State

• Decision Date: 18 May 1892
• Citation: 15 S.E. 462,89 Ga. 340
• Parties: BROWN et al. v. STATE.
• Court: Georgia Supreme Court

15 S.E. 462

89 Ga. 340

BROWN et al. v. STATE.

Supreme Court of Georgia

May 18, 1892

Syllabus by the Court.

A person charged in the county court with a misdemeanor having waived indictment and trial by jury, and the waiver having been recorded as required by section 299 of the Code, and after a trial by the county judge and a finding of guilty the case having been taken to the superior court by certiorari, and the judgment there reversed without any special order for disposing of it finally, when the case returned to the county court for a new trial the accused had no right to withdraw his waiver of indictment by a grand jury, as that would have divested the county court for the time being of jurisdiction; but he did have a right to withdraw his waiver of trial by jury, and to demand a trial by jury, in lieu of a second trial by the county judge. The only restriction upon this right was that it should be exercised in due and reasonable time; and it appearing that, on the return of the case to the county court, notice was given of intention to demand a jury trial, and that, when the case was called, the demand was actually made, together with a motion to withdraw the waiver, no point being made as to delay, it was error for the county judge to overrule the motion, deny the demand for trial by jury, and proceed to try the accused a second time. Cross v. State, 78 Ala. 430; State v. Touchet, 33 La. Ann. 1154; Town of Carthage v. Buckner, 8 Ill.App. 152; Dean v. Sweeney, 51 Tex. 242; Brown v. Chenoworth, Id. 469; 1 Thomp. Trials, § 2.

Error from superior court, Houston county; A. L. MILLER, Judge.

Sam Brown, Redford, and Kendrick were convicted of assault and battery, and they bring error. Reversed.

R. F. Lyon, for plaintiff in error.

W. H. Felton, Jr., Sol. Gen., for the State.

PER CURIAM.

Judgment reversed.